IN THE SUPREME COURT OF THE STATE OF OREGON
In the Matter of Amendments
|Order No. 04-053
Order Amending Oregon State Bar Rules
of Procedure 8.2 and 8.7
At its public meeting on December 7, 2004, the court considered and approved certain amendments to Rules 8.2 and 8.7 of the Oregon State Bar Rules of Procedure.
IT IS HEREBY ORDERED that the following amendments to Rules 8.2 and 8.7 of the Oregon State Bar Rules of Procedure are approved effective January 1, 2005 (new text in boldface; deleted text in brackets and italics).
Rule 8.2 Reinstatement — Informal Application Required.
(a) Applicants. Any person who has been a member of the Bar, but who has
(i) resigned under Form A of these rules for five years or less prior to the date of application for reinstatement, and who has not been a member of the Bar during such period; or
(ii) been enrolled voluntarily as an inactive member for five years or less prior to the date of application for reinstatement; or
(iii) been suspended for failure to pay the Professional Liability Fund assessment, Client Security Fund assessment, or membership fees or penalties and has remained in that status more than six months but not in excess of five years prior to the date of application for reinstatement,
may be reinstated by the Executive Director by [Board at its next regularly schedule meeting following the] filing [of] an informal application for reinstatement with the Bar and compliance with the Rules of Procedure in effect at the time of such application. The informal application for reinstatement shall be on a form prepared by the Bar for such purpose. The applicant shall attest that the applicant did not engage in the practice of law except where authorized to do so during the period of the applicant’s inactive status, suspension or resignation. Reinstatements to inactive status shall not be allowed under this rule except for those applicants who were inactive and are seeking reinstatement to inactive status after a financial suspension. No applicant shall resume the practice of law in this state or active or inactive membership status unless all the requirements of this rule are met.
(b) Required Showing. Each applicant under this rule must show that the applicant has good moral character and general fitness to practice law and that the resumption of the practice of law in this state by the applicant will not be detrimental to the administration of justice or the public interest. No applicant shall resume the practice of law in this state or active membership status unless all the requirements of this rule are met.
(c) Fees. In addition to the payments required in BR 8.6, an applicant under this rule shall pay at the time the application for reinstatement is filed, an application fee of $200.
[(c)](d) Exceptions. Any applicant otherwise qualified to file for reinstatement under this rule but who
(i) during the period of the member’s resignation, has been convicted in any jurisdiction of an offense which is a misdemeanor involving moral turpitude or a felony under the laws of this state, or is punishable by death or imprisonment under the laws of the United States; or
(ii) during the period of the member’s suspension, resignation or inactive status, has been suspended for professional misconduct for more than six months or has been disbarred by any court other than the Supreme Court; or
(iii) has engaged in conduct which raises issues of possible violation of the Bar Act or Code of Professional Responsibility;
shall be required to seek reinstatement under BR 8.1. Any applicant required to apply for reinstatement under BR 8.1 because of this rule shall pay all fees, assessments and penalties due and delinquent at the time of the applicant’s resignation, suspension or transfer to inactive status, and an application fee of $400 to the Bar at the time the application for reinstatement is filed, together with any payments due under BR 8.6.
[(d)](e) Referral of Application to Board. If the Executive Director is unable to determine from a review of an informal application and any information gathered in the investigation of the application that the applicant for reinstatement has made the showing required by BR 8.2(b), the Executive Director shall refer the application to the Board for consideration, with notice to the applicant.
(f) Board Consideration [Denial] of Application. If, after a referral from the Executive Director, the Board determines from its review of the informal application and any information gathered in the investigation of the application that the applicant for reinstatement has [not shown that the applicant has good moral character and general fitness to practice law or that the applicant has failed to show that the resumption of the practice of law in this state would not be detrimental to the administration of justice or the public interest] made the showing required by BR 8.2(b), the Board shall reinstate the applicant. If the Board determines that the applicant has not made the showing required by BR 8.2(b), the Board shall [may] deny the application for reinstatement. The Board also may determine that an application filed under BR 8.2 be granted conditionally. The Board shall file [its] an adverse recommendation or a recommendation of conditional reinstatement with the Supreme Court under BR 8.7.
[(e)] (g) Suspension of Application. If the Executive Director or the Board, as the case may be, determines that additional information is required from an applicant regarding conduct during the period of suspension, resignation or inactive status, the Executive Director or the Board, as the case may be, may direct Disciplinary Counsel to secure additional information concerning the applicant’s conduct and [the Board may] defer consideration of the application for reinstatement [to a subsequent meeting designated by the Board].
* * * * *
Rule 8.7 Board Investigation And Recommendation.
(a) Investigation and Recommendation. On the filing of an application for reinstatement under BR 8.1 and BR 8.2, Disciplinary Counsel [the Board] shall make such investigation as it deems proper and report to the Executive Director or the Board, as the case may be. For applications filed under BR 8.1, [T]the Board shall recommend to the court that the application be granted, conditionally or unconditionally, or denied, and shall mail a copy of its recommendation to the applicant. For applications denied by the Board or recommended for conditional reinstatement under BR 8.2(f), the Board shall file its recommendation with the court and mail a copy of the recommendation to the applicant.
(b) Temporary Reinstatements. Except as provided herein, the Board may temporarily reinstate an applicant pending receipt of all investigatory materials if a determination is made that the applicant is of good moral character and generally fit to practice law. A temporary reinstatement shall not exceed a period of four months unless authorized by the court. In no event shall the Board temporarily reinstate an applicant who seeks reinstatement following a suspension or disbarment for professional misconduct, or an involuntary transfer to inactive status.
DATED THIS 9th day of December, 2004.
Wallace P. Carson, Jr.